AM SB INFRA PRIVATE LIMITED, BHUBANESWAR V. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), BHUBANESWAR, BHUBANESWAR

ITA 227/CTK/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 5769 (ITAT-CUTTACK)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Next Hearing Date: 18-07-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 16-05-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

आयकर अऩीऱीय अधधकरण, कटक न्यायऩीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER आयकर अऩीऱ सं/ITA No.227/C TK/2024 (ननधाारण वषा / Asses s m ent Year : 2017-2018) AM SB Infra Private Limited, Plot No.31(P), Khata No.54, Pokhariput, Bhubaneswar Vs DCIT, Circle-1(1), Bhubaneswar PAN No. :AAKCA 2169 F (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee by : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue by : Shri S.C.Mohanty, Sr. DR स ु नवाई की तारीख / Date of Hearing : 18/07/2024 घोषणा की तारीख/Date of Pronouncement : 18/07/2024 आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order dated 20.03.2024, passed by the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, in DIN & Order No.ITBA/NFAC/S/250/2023- 24/1062977166(1) for the assessment year 2017-2018. 2. It was submitted by the ld. AR that the AO had made disallowance u/s.40(a)(ia) of the Act without treating the assessee as an assessee in default. It was the submission that most of the additions are made in respect of the items which were shown as stock in trade and this relates to the earlier years. It was the submission that admittedly the assessee had not appeared before the AO in the course of assessment and this has caused the assessment to be done ex-parte. It was the submission that the ld. CIT(A) also did not consider the explanation of the assessee, ITA No.227CTK/2024 2 especially in view of the fact that the evidences were not properly placed before the AO. It was the prayer that if the issues in this appeal are restored to the file of AO, the assessee would be able to substantiate its claim. 2. In reply, ld. Sr. DR submitted that the assessee has been non- cooperative not only before the AO but even before the ld. CIT(A), insofar as, out of the seven notices, the assessee has complied with only two of the notices. He, thus, vehemently supported the orders of the ld. AO and the ld. CIT(A). 3. We have considered the rival submissions. As it is noticed that the assessee has been not providing all the details before the AO and this has led to the ex-parte assessment, in view of the submissions of the ld. AR and in the interest of justice, the issues in this appeal are restored to the file of AO for readjudication after granting the assessee adequate opportunities of being heard. Should the assessee be non-cooperative before the AO in second round of proceedings, liberty is granted to the AO to draw adverse inference. 10. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 18/07/2024. Sd/- (MANISH AGARWAL) Sd/- (GEORGE MATHAN) ऱेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 18/072024 Prakash Kumar Mishra, Sr.P.S. ITA No.227CTK/2024 3 आदेश की प्रनतलऱपऩ अग्रेपषत/Copy of the Order forwarded to : आदेशान ु सार/ BY ORDER, (Assistant Registrar) आयकर अऩीऱीय अधधकरण, कटक/ITAT, Cuttack 1. अऩीऱाथी / The Appellant- AM SB Infra Private Limited, Plot No.31(P), Khata No.54, Pokhariput, Bhubaneswar 2. प्रत्यथी / The Respondent- DCIT, Circle-1(1), Bhubaneswar 3. आयकर आय ु क्त(अऩीऱ) / The CIT(A), 4. आयकर आय ु क्त / CIT 5. ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, कटक / DR, ITAT, Cuttack 6. गार्ड पाईऱ / Guard file. सत्यावऩत प्रतत //True Copy//